State Jurisdiction Ends as Result of Fort Peek Case
William Walter McDonald St. Ignatius, Mont-
CHAR-KOOSTA
PUBLISHED BY CONFEDERATED SALISH AND KOOTENAI TRIBES, FLATHEAD AGENCY. MONT.
Vol. 3 — No. 5
April, 1959
Father Louis Taelman, S. J., The Flatheads' Friend and Priest
By Walter W. McDonald
As Editor in Chief of the CharKoosta, I am privileged to dedicate this issue to a great Catholic priest. Ninety-two years ago a son was born to a Belgian family in Exaarde, Belgium. Today we see this man as one whose spiritual guidance with the full-blood Indians in priceless.
The man I am speaking of is no other than Father Louis Taelman, S. J., who was born on April 19, 1867. Father Taelman has experienced a long life of education. Not only did he teach others but his own knowledge of Indian culture and customs taught him by the Indians are of great value. Father Catalde S. J. admitted Father Taelman to the Rocky Mountain Mission in 1890, which was the first time Father Taelman had seen the St. Ignatius Mission. He became a teacher in the seminary of St. Ignatius and since the boys' boarding school was one cf the major phases of Indian education, Father Taelman became familiar with the Indians' way of life. Father became President of Gonzaga University in 1903 and worked in that capacity until 1913. Father Taelman's experience with the different Tribes of Indians is remarkable as 15 years of his life were spent with
the Crows, 16 years with the Spokanes, Kalispels and the Colvilles and over 30 years have been spent with the Flat-heads.
Father Taelman still carries on his duties as Chaplain at the Holy Family Hospital besides attending regular services in the large church. He is active at Indian funerals, where he usually leads the Rosary and the full-blood Indians look forward to him being present where prayers may be said in the native tongue.
Father is affectianately known to the full-blood Indians as "Louie'.
EDITOR'S NOTE: Following is the story of the results of the Wing case which resulted in a ruling that the highway patrol had no jurisdiction over Indians on reservations. Be sure to read the article on pages 2 and 3 which relatse the Flathead tribes request for the patrol to continue their work on this reservation.
Ralph Wing of Poplar has emerged the victor in a dispute with the Montana Highway Patrol in a case involving jurisdicción of the patrol over Indians. Wing's triver's license was supended Feb. 1 and reinstated on the 20th after he fought the action. The case has state-wide importance, since it is an open admission by the patrol that it has no jurisdiction over ward Indians on the reservation. Up to now, they have been haled into state courts and treated as other violators unless they prottsted, in which case they were turned over to Indian authorities.
The right of initial arrest by the patrol is now doubtful if government wardship can be proven at the time. A test case or similar action to that of Wing's will probably come to definitely decide this issue, however, Wing, who is a former tribal court judge, maintains the patrol does not have this right.
Wing, in his case with the patrol, carried the matter of jurisdiction to Attorney General Forrest H. Anderson who said that thtre can be no divided jurisdiction in the case of Indians who are wards of the federal government. In the case of the Fort Peck tribes, Anderson said that he understood that "the Highway Patrol has an arrangement with tht Fort Peck Tribal Council whereby they cite highway violators who are Indians to the Tribal Courts."
An affidavit signed by the tribal secretary to the effect that there was no such arrangement clarified this point for Wing. Such an arrangement does exist with the city of Poplar.
Special deputy cards issued to the patrol by the Billings area office of the Indian Bureau also lack authority, according to Wing, who pointed to the fact that such authorization must come from the Tribal Council. Nullification of the deputy status is also true, he said, because the men receive no pay from the Indian Bureau, are not members of a federal agency nor subject in any way to its jurisdiction.
The patrol's action against Wing came as a result of an accident in Poplar. His license was suspended effective Feb. 1 and was reinstated Feb. 20 with the statement, "Lack of Jurisdiction." It was signed by Alex B. Stephenson, supervisor Montana Highway Department.
The attorney general's letter to Wing also called attention to the fact that congress has authorzied the state to take over criminal jurisdiction in Indian country but that it had never acted upon the matter. His letter is as follows:
December 15, 1958
Mr. Ralph Wing Poplar, Montana
This is in reply to your letter of Dec. 9, regarding jurisdiction over Indians by the Highway Patrol.
That exact question has not been ruled (Continued on page 4)